Mondelez 2012 Annual Report Download - page 195

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS
THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE
VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Affected Kraft Foods Global Personnel outside of Canada who received severance from Kraft or another Eligible Recipient at the time
they became Transitioned Employees) will be paid a lump sum payment in lieu of any other separation or severance payment in an
amount equal to (1) the greater of (A) the [ * * * ] under the [ * * * ] as of the [ * * * ] with Kraft or the Eligible Recipient, as
applicable, or (B) the [ * * * ] under [ * * * ] then current severance plan, plus (2) an additional amount to cover such employee’
s [ * *
* ] (including a [ * * * ]) of obtaining [ * * * ] coverage for a time period equal to what would have been [ * * * ] had the [ * * * ] in
clause (1) above been [ * * * ]. The Affected Kraft Foods Global Personnel outside of Canada who received severance from Kraft at
the time they became Transitioned Employees shall only be entitled to the severance payment calculated under Supplier’s then current
severance plan. Supplier shall be entitled to reduce its severance payment to each Affected Kraft Foods Global Personnel in Canada,
by the severance payment amount paid by Kraft to such personnel at the time such personnel was severed by Kraft, to the extent such
reduction is permitted by applicable Law. After such 24 month period, all Transitioned Employees shall only be entitled to the
severance payment calculated under Supplier’s then-current severance plan. Payment of any such amount shall be contingent upon the
Transitioned Employee signing a separation agreement deemed appropriate and used non-discriminatorily by Supplier (which will
include, amongst its other terms, a release and/or waiver of any claims the Transitioned Employee may have against Supplier).
8.2.10
Benefits Information Outside the U.S.
At the request of Supplier and within a reasonable time frame, Kraft or another applicable
Eligible Recipient will deliver or make available the information set forth below.
8.2.10.1
UK
-
Specific Information.
In the United Kingdom, copies of such information as is required to initiate and complete the
transfer of employment per the EU Acquired Rights Directive and all tax, PAYE, social security and national insurance
records and copies of any other agreed-upon documents or records that are relevant to the Affected Kraft Foods Global
Personnel and any employees who transfer pursuant to the EU Acquired Rights Directive or similar applicable Laws,
including, without limitation, those referred to in Regulation 55(2) Income Tax (Employment) Regulations 1993 and
paragraph 32(1) schedule 1 Social Security (Contribution) Regulations 1979).
8.2.10.2
Other Countries.
In countries other than the United States and the United Kingdom, such information as is required to
initiate and complete the transfer of employment per the EU Acquired Rights Directive or similar applicable Laws;
provided that:
8.2.10.2.1
Kraft shall, or shall arrange for an Eligible Recipient to, preserve the originals of such records or documents for
a period of at least five years (or such shorter or longer period as may be required by any relevant laws) after
the Commencement Date and shall allow Supplier access to the same at all reasonable times to the extent
necessary to enable Supplier to deal with any matters relating to the Affected Personnel, and any employees
who transfer pursuant to the EU Acquired Rights Directive or similar applicable Laws, and shall, as and when
requested by Supplier to do so, produce the same to the relevant authorities.